Re: [Videolib] Buying at individual vs institutional price?

Jessica Rosner (jrosner@kino.com)
Thu, 29 Mar 2007 15:22:46 -0500

> This message is in MIME format. Since your mail reader does not understand
this format, some or all of this message may not be legible.

--B_3258026567_104742991
Content-type: text/plain;
charset="ISO-8859-1"
Content-transfer-encoding: quoted-printable

The video store thing frankly is a no brainer. If you can get a title in a
legit secondary market
(video store, Netflix, various wholesalers) than you should have NO qualms
about buying or renting it so long
as you in fact plan to use it in a real class or on reserve or just add to
the collection ( FYI my pet peeve again
THIS IS NOT FAIR USE. It is either the =B3face to face teaching exemption=B2 or
right of first sale or both but NOT
Fair use). The problem arises when a distributor is the EXCLUSIVE seller of
a particular title and chooses to do
Multiple pricing. I really don=B9t want to go there but again if the title is
available from any other source you are free to buy or rent it.

On 3/29/07 2:39 PM, "Merle J. Slyhoff" <mslyhoff@law.upenn.edu> wrote:

> Here's a snippet from the Wellesley web site
> http://www.wellesley.edu/Library/copyright.html
>=20
>=20
> "May I purchase or rent a film from the local video store and use it in m=
y
> class?
>=20
> Tapes from a video store are labeled "Home Use Only", indicating a licens=
ing
> agreement with the copyright holder. Nevertheless, use of such tapes is
> considered "fair use" in a face-to-face teaching situation. Tapes marked =
"Home
> Use Only" may also be placed on reserve and viewed in the Video Lab if th=
ey
> are used strictly for instructional purposes and not entertainment."
>=20
> (I knew I had read this statement in one of the copyright books, but did =
a web
> search to see if I could find it online.)
> Gary, would like your take on a follow-up to your response...
>=20
> I agree about not paying for public performance rights if you don't need =
them.
> So what do you do when the institutional price clearly states that it inc=
ludes
> public performance rights. Do you then buy the non-institutional?
>=20
> Merle
>=20
>=20
>=20
>=20
> Gary Handman wrote:
>> Here's my strategy: if I can find a source that sells it at home video
>> prices and has no two-tier pricing indicated, I get it at home video pri=
ce
>> (unless, of course, I specifically need performance rights). If your
>> distributor indicates an individual and an institutional price, I think =
it's
>> the ethical thing to do to pony up for the higher price. This has been =
a
>> real problem in the past: e.g. Arab Film Distribution used to sell home
>> video thru Facets, but their own website indicated both institutional an=
d
>> home video prices. Since I like these guys and want to see them stay in
>> business, I generally bought through their web site...but I could have j=
ust
>> as easily gone the Facets route.
>> =20
>> Don't let anyone sell you performance rights you don't need. It really
>> pisses me off when certain distributors justify their higher prices for
>> institutions by waving the performance rights banner. Fact is, they're
>> generally charging higher prices because they can get it from institutio=
ns.
>> =20
>> Gary Handman=20
>> =20
>> =20
>> =20
>> At 11:36 AM 3/29/2007, you wrote:
>> =20
>>> Would it be illegal and/or unethical for a library to try to buy a DVD =
at
>>> a lower individual price rather than a higher institutional price, for
>>> example=20
>>> by claiming that the DVD will be for individual use only or by reimburs=
ing
>>> an individual staff member for a DVD purchased privately at an individu=
al
>>> price, especially if the library does not want PPR?
>>> =20
>>> =20
>>> =20
>>> Thanks for any suggestions.
>>> =20
>>> =20
>>> =20
>>> Mike in Dubuque
>>> VIDEOLIB is intended to encourage the broad and lively discussion of is=
sues
>>> relating to the selection, evaluation, acquisition,bibliographic contro=
l,
>>> preservation, and use of current and evolving video formats in librarie=
s and
>>> related institutions. It is hoped that the list will serve as an effect=
ive
>>> working tool for video librarians, as well as a channel of communicatio=
n
>>> between libraries,educational institutions, and video producers and
>>> distributors.=20
>>> =20
>> =20
>> Gary Handman=20
>> Director=20
>> Media Resources Center
>> Moffitt Library=20
>> UC Berkeley=20
>> ghandman@library.berkeley.edu
>> http://www.lib.berkeley.edu/MRC
>> =20
>> "In societies where modern conditions of production prevail, all of life
>> presents itself as an immense accumulation of spectacles."
>> =20
>> --Guy Debord=20
>> =20
>> =20
>> VIDEOLIB is intended to encourage the broad and lively discussion of iss=
ues
>> relating to the selection, evaluation, acquisition,bibliographic control=
,
>> preservation, and use of current and evolving video formats in libraries=
and
>> related institutions. It is hoped that the list will serve as an effecti=
ve
>> working tool for video librarians, as well as a channel of communication
>> between libraries,educational institutions, and video producers and
>> distributors.=20

Proud Resident of a BLUE STATE
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

--B_3258026567_104742991
Content-type: text/html;
charset="ISO-8859-1"
Content-transfer-encoding: quoted-printable

Re: [Videolib] Buying at individual vs institutional price? The v= ideo store thing frankly is a  no brainer. If you can get a title in a = legit secondary market
(video  store, Netflix, various wholesalers) than you should have NO q= ualms about buying or renting it so long
as you in fact plan to  use it in a real class or on reserve or just a= dd to the collection ( FYI my pet peeve again
THIS IS NOT FAIR USE. It is either the “face to face teaching exempti= on” or right of first sale or both but NOT
Fair use). The problem arises when a distributor is the EXCLUSIVE seller of= a particular title and chooses to do
Multiple pricing. I really don’t want to go there but again if the ti= tle is available from any other source you are free to buy or rent it.


On 3/29/07 2:39 PM, "Merle J. Slyhoff" <mslyhoff@law.upenn.edu= > wrote:

Here's a snippet from the Wellesley web site http://www.wellesley.edu/Lib= rary/copyright.html


"May I purchas= e or rent a film from the local video store and use it in my class?

Tapes from a video sto= re are labeled "Home Use Only", indicating a licensing agreement w= ith the copyright holder. Nevertheless, use of such tapes is considered &quo= t;fair use" in a face-to-face teaching situation. Tapes marked "Ho= me Use Only" may also be placed on reserve and viewed in the Video Lab = if they are used strictly for instructional purposes and not entertainment."

(I knew I had read thi= s statement in one of the copyright books, but did a web search to see if I = could find it online.)
Gary, would like your take on = a follow-up to your response...

I agree about not paying for public performance rights if you don't need th= em.  So what do you do when the institutional price clearly states that= it includes public performance rights.  Do you then buy the non-instit= utional?

Merle




Gary Handman wrote:
Here's my strategy:  if I can find a source that s= ells it at home video prices and has no two-tier pricing indicated, I get it= at home video price (unless, of course, I specifically need performance rig= hts).  If your distributor indicates an individual and an institutional= price, I think it's the ethical thing to do to pony up for the higher price= .  This has been a real problem in the past:  e.g. Arab Film Distr= ibution used to sell home video thru Facets, but their own website indicated= both institutional and home video prices.  Since I like these guys and= want to see them stay in business, I generally bought through their web sit= e...but I could have just as easily gone the Facets route.
 
Don't let anyone sell you performance rights you don't need.   It= really pisses me off when certain distributors justify their higher prices = for institutions by waving the performance rights banner.  Fact is, the= y're generally charging higher prices because they can get it from instituti= ons.
 
Gary Handman
 
 
 
At 11:36 AM 3/29/2007, you wrote:
 
Would it be illegal and/or unethical for a library to t= ry to buy a DVD at
a lower individual price rather than a higher institutional price, for exam= ple
by claiming that the DVD will be for individual use only or by reimbursing =
an individual staff member for a DVD purchased privately at an individual <= BR> price, especially if the library does not want PPR?
 
 
 
Thanks for any suggestions.
 
 
 
Mike in Dubuque
VIDEOLIB is intended to encourage the broad and lively discussion of issues= relating to the selection, evaluation, acquisition,bibliographic control, p= reservation, and use of current and evolving video formats in libraries and = related institutions. It is hoped that the list will serve as an effective w= orking tool for video librarians, as well as a channel of communication betw= een libraries,educational institutions, and video producers and distributors= .
 

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC
 
"In societies where modern conditions of production prevail, all of li= fe presents itself as an immense accumulation of spectacles."
 
--Guy Debord
 
 
VIDEOLIB is intended to encourage the broad and lively discussion of issues= relating to the selection, evaluation, acquisition,bibliographic control, p= reservation, and use of current and evolving video formats in libraries and = related institutions. It is hoped that the list will serve as an effective w= orking tool for video librarians, as well as a channel of communication betw= een libraries,educational institutions, and video producers and distributors= .




Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

--B_3258026567_104742991--

VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.